Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder case - Three hours delay in lodging FIR cannot be culled as unusual, particularly in view of fact that PW1 picked up deceased and took him on a bullet car and on the way to police station he could get tractor of one person and by the time deceased was shifted in the same he expired, PW1 might have..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because Appellate Court on re-appreciation and re-evaluation of evidence is inclined to take a different view, interference with judgment of acquittal is not justified - If view taken by trial Court is possible view, even if two views are equally balanced, it need not result in interference by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Divorced Muslim wife is entitled to claim maintenance u/s 125 Cr.P.C even beyond iddat period and for whole life unless she is disqualified for reasons such as entering into marriage with someone else...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Plea of inability to pay taken by husband - Income of husband 25 to 30 thousand - Maintenance of Rs.3000/- p.m. not on higher side...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Earlier maintenance application of wife disposed of by treating same under provision of S.3 of Muslim Women Act - Claim of wife u/s 125 Cr.P.C was not decided in an earlier application, nor any maintenance beyond period of iddat was granted nor fair and reasonable provision was made towards..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court has inherent power to quash proceedings even in those cases which are not compoundable - However, such power is to be exercised sparingly and with great caution...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court to examine whether possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Principles governing - Summarized...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 326, 232, 324, 427, 34, Arms Act, 1959, Section 25, 54, 59 -- Quashing of proceedings - Compromise - Offence u/ss 452, 326, 232, 324, 427, 34 IPC and Ss.25, 54, 59 of Arms Act - Dispute between parties amicably settled inter se - Compromise is genuine - FIR along with consequent proceedings..........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Contract of civil nature - If there is element of cheating and fraud it is always open for a party in a contract to prosecute the other side for the offences alleged - Order quashing complaint, set aside...........
